The High Court dismissed a writ petition filed by a petitioner challenging the Divisional Commissioner’s order that allowed the selection of a rival candidate for an Anganwari Sevika post due to a correction in her date of birth record.
The writ petition filed by the petitioner was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11662 of 2014
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Ranju Devi wife of Shri Sajan Paswan, resident of village- Mauzi, P.O.Mauzi, P.S.- Hasanpur, District- Samastipur
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Mishra For the Respondent/s : Mr.Ga11- Partha Sarthy For Respondent No. 11 : Mr. Binod Kumar Ambastha Ms. Renu Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 25-02-2019
Respondent No. 11 was candidate for selection of Anganwari Sevika at Centre No. 179 in Village Dushadh Toli, Gram Panchayat Raj Mauzi, Hasanpur, District Samastipur. Her claim was not considered on account of alleged overwriting in her date of birth. The objection was that in stead of 3.1.1963, by overwriting she has submitted her candidature claiming date of
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birth to be 3.11.1963. It was considered that in order to come within the maximum age limit of 40 years respondent No. 11 has committed the said overwriting to gain undue advantage. Respondent No. 11 thereafter approached the authorities up to the District Magistrate claiming that her actual date of birth was 3.11.1963 and that the overwriting was inconsequential which did not give any undue advantage to her. The District Magistrate under order dated 27.1.2011 passed on the appeal filed by respondent No. 11 rejected her claim for the same ground that by resorting to overwriting in her date of birth the petitioner had claimed undue advantage and therefore could not be considered for selection in question.
Respondent No. 11 thereafter has approached the Court of Commissioner, Darbhanga Division, by filing her appeal. The Divisional Commissioner has allowed the claim of respondent No. 11 under order dated 3.8.2013. The claim of respondent No. 11 has been allowed verifying her date of birth from the records as 3.11.1963. On account of the same being found correct, the Divisional Commissioner has concluded that at the time of Aam Sabha dated 31.7.2013 respondent No. 11 was duly qualified and had wrongly been excluded from the selection process. The order has been passed after hearing the
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writ petitioner who was a party before the Divisional Commissioner.
Counsel for the State points out that Annexures 3 and 4 to the writ petition are the written argument and rejoinder submitted by the petitioner before the Court of Divisional Commissioner, Darbhanga. It is, therefore, submitted that after consideration of relevant material and due opportunity to the petitioner, order has been passed by the Divisional Commissioner.
Counsel for the petitioner is not in a position to dispute the said finding of fact arrived at by the court of Divisional Commissioner, Darbhanga in the order passed in the appeal.
No ground is made out for interference with the orders.
Writ petition is dismissed.
(Madhuresh Prasad, J)
SNkumar/-
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2 issues framed by the court
Whether the writ petition challenging the Divisional Commissioner’s order allowing Respondent No. 11’s selection is maintainable.
Whether any ground is made out for interference with the findings of the Divisional Commissioner.
Ranju Devi
The State Of Bihar through the Secretary, Social Welfare Department, Government of Bihar, Patna
Renu Devi
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
